7 Edw. 7. c. 23.

A.D. 1927. 1907, as subsequently amended, appeal to the Court of Criminal Appeal without leave against sentence as though the sentence of penal servitude for life passed at the trial were not a fixed sentence, and upon such appeal the Court of Criminal Appeal may, if they think fit, substitute 5 for the sentence of penal servitude for life passed at the trial any less sentence which to the court shall seem just.

Provision

with respect to persons under

sixteen.

Savings.

Definitions.

Application to Scotland.

Restriction on extent. Repeals.

(2) Nothing in this section shall take away or diminish any other power of the Court of Criminal 10 Appeal which might have been exercised if this section had not been enacted.

3. Where a child or young person within the meaning of the Children Act, 1908, is convicted of any crime for which, if neither that Act nor this Act had 15 been passed, he would have been liable to suffer death, the provisions of section one hundred and three of the Children Act, 1908, shall continue to apply as though this Act had not been passed.

4. Nothing in this Act

(a) shall affect His Majesty's prerogative of mercy; (b) shall take away or diminish any liability

20

under the enactments for the time being in
force relating to the government of His
Majesty's naval, military or air forces, which 25
would have been incurred if this Act had
not been passed.

5. In this Act

(a) The expressions "child" and "young person
have the same meanings as in the Children 30
Act, 1908; and

(b) The expression "adult" means a person who
is neither a child nor a young person.

6. This Act shall apply to Scotland, subject to the modifications that section two shall not apply.

7. This Act shall not apply to Northern Ireland.

8. The enactments mentioned in the schedule to this Act are hereby repealed to the extent stated in the third column of that schedule.

35

9. This Act shall apply to proceedings which have A.D. 1927.
been instituted before the passing of this Act, and any
sentence of death which has been passed before the Provision
with respect
passing of this Act but not executed shall be thereupon to pending
5 commuted into a sentence of penal servitude for life. proceedings.
10. This Act may be cited as the Abolition of Short title.
Capital Punishment Act, 1927.

To provide for the abolition of capital
punishment and to substitute other
punishment therefor, and for pur-
poses connected with the matters
aforesaid.

Presented by Lieutenant-Commander Kenworthy,
supported by

Mr. Morgan Jones, Mr. Morris,

Lord Henry Cavendish-Bentinck, Mr. Dunnico,
Mr. Barr, and Sir Robert Newman.

Ordered, by The House of Commons, to be Printed,
3 March 1927.

To be purchased directly from

H.M. STATIONERY OFFICE at the following addresses:
Adastral House, Kingsway, London, W.C.2;

120, George Street, Edinburgh; York Street, Manchester;
1, St. Andrew's Crescent, Cardiff; 15, Donegall Square West, Belfast;
or through any Bookseller.

A

BILL

5

ΤΟ

Secure to the public the right of access to
mountains and moorlands.

W

HEREAS it is desirable to secure to the public the right of free access to uncultivated mountain and moor land, subject to proper provisions for preventing any abuse of such right:

Be it therefore enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

A.D. 1927.

10 1. This Act may be cited as the Access to Mountains Short title Act, 1927, and shall come into operation on the first day and comof January, one thousand nine hundred and twenty-eight. mencement. 2. Subject to the provisions hereinafter contained, no owner or occupier of uncultivated mountain or moor 15 land shall be entitled to exclude any person from walking or being on such land for the purposes of recreation or scientific or artistic study, or to molest him in so walking creation, &c. or being.

Persons not to be prevented from walking on mountain

land for pur

poses of re

3. In any action or other proceeding at the instance Defences in 20 of any owner or occupier of uncultivated mountain or proceedings moor land, founded on alleged trespass, it shall be a for trespass. sufficient defence that the lands referred to were uncultivated mountain or moor land, that the defendant entered thereon only for the purposes of recreation or of scientific 25 or artistic study, and that no special damage resulted from the alleged trespass.

A.D. 1927.

Saving as to persons going on land for other purposes, &c.

Saving as to parks and pleasure grounds,

4. Nothing in this Act shall prevent any person from being excluded from any land from which he could, if this Act had not been passed, have been lawfully excluded, or shall enable any defence to be raised which cannot now be raised, in any of the following cases :

(a) Where any person goes upon land in pursuit of game or other wild birds, or for the purpose of taking eggs, or accompanied by a dog or carrying fire-arms.

5

(b) Where any person encamps on any land, or lights 10 any fire, or does any damage to the surface of land or to any trees growing thereon, or to any buildings, fences, or other erections thereon.

(c) Where any person destroys or removes the roots of any plant or shrub.

(d) Where any person so disturbs any sheep or cattle as to cause damage to their owner.

15

(e) Where any person goes on land with any mallcious intent, or wantonly disturbs or annoys any person engaged on such land in any lawful 20 occupation.

5. Nothing in this Act shall apply—

(a) To any land actually occupied and enjoyed as a park or pleasure ground in connexion with and in proximity to a dwelling-house.

(b) To any plantation of young trees.

25